this is what he did when the administration had to decide whether to defend in court the defense in marriage act. there are lots of examples where u.s. an state attorneys general have declined to defend laws that they think is unconstitution. >> does he have a lot of sway with attorneys generals? > to some extent his remarks was remarkin something that's already happened. states attorneys general have declined to defend the law. o so to some extent they are kind of on a roll. gwen: will this barrel straight to the supreme court? >> well, we'll see. so far most of these laws are striking the bans down. the main reason the supreme court would take a case if there's a split among the courts or circuits we'll have to see if that develops. gwen: john dingell spent six decades in congress. preceed him served two. but many say it's not fun anymore. >> the president should not have to tell the other vets fighting that you cannot do ilts tests, he will do it by executive order. that is not the way the country is run. gwen: all told, the retirement of dingell and others so far add up to about 300 year